If you think stricter regulations and workplace policies may have made workplace harassment a thing of the past, think again. Sexual harassment in the workplace continues to be a pervasive and costly problem. And now it has evolved from the physical to the cyber world. Cyber sexual harassment is unique with respect to the speed and ease with which rumors, taunts and slurs can be disseminated to the target employee through social media. This opens the door for inappropriate behavior, creating a growing concern for employers in protecting employees from potential sexual harassment. An employer's focus on sexual harassment should change with the times, addressing the use of social media channels, such as YouTube, Twitter, Facebook, texting, and workplace e-mail. Yes, it's not just the kids that are “sexting.” This type of cyber sexual harassment is hitting the adult workplace in full force. According to a recent government study, as much as 23% of all workplace harassment is perpetrated by text, e mail or other cyber methods.This recent increase in cyber sexual harassment can be linked to the pervasive availability of cyber technology devices which have facilitated many instances of sexual harassment. For example, cyber sexual harassment may occur when an employee forwards an e-mail joke with sexual content or accesses pornographic websites at work and then shares the content with other employees. It may also occur when an employee becomes a “cyber-stalker,” continually sending messages via e-mail, text or an instant message platform to another employee requesting dates or communicating lewd messages. Under normal circumstances, physical sexual harassment in the workplace can be relatively difficult for employees to prove turning into a “he said,” “she said” scenario. In the case of cyber sexual harassment, a written record of the harassment is developed that is indisputable. In essence, it becomes an “e-smoking gun” in the court of law. For example, in Strauss v. Microsoft Corp., the district court held that jokes and sexual parodies, in combination with other remarks e-mailed by a supervisor to employees, were admissible and relevant evidence of sexual harassment. Prevention is crucial in eliminating sexual harassment in the workplace. Employers should provide specific policies addressing sexual harassment, which include defining appropriate use of e-mail, company computer systems and electronic technology usage. Further, employers should review and discuss such policies with all employees, making it explicitly clear that harassment will not be tolerated. Moreover, employers should have open communication with their employees, creating an environment in which employees feel free to raise concerns and are confident those concerns will be addressed. Finally, employers should establish a transparent complaint process through which management responds immediately and appropriately to the employee complaint. This duty may include investigating an employee's virtual comment made in his/her own time about a co-worker if the employer has knowledge of the behavior. For instance, in Blakey v. Continental Airlines, the Court indicated that a plaintiff can establish an actionable claim for harassment based upon electronic communications made outside the workplace if the electronic medium would be “the equivalent of a bulletin board in the pilot's lounge.” In Blakey, defamatory and sexually harassing material was posted on an electronic bulletin board, which the employer had notice of, and failed to appropriately investigate the behavior. To avoid liability in a sexual harassment suit, employers should review their anti-harassment policy frequently to ensure they are up-to-date with the latest workplace trends and technologies, e.g., computers, cell phones and social media venues. Employers should consult legal counsel before making changes to employee handbooks to avoid unexpected legal troubles.

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